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According to a recent report by the World Health Organization (WHO), only 25% of the pharmaceutical products required by Nigerians are produced locally, while the remaining 75% are imported from countries such as India, the United Kingdom, and China. This imbalance underscores the underperformance of Nigeria’s local pharmaceutical manufacturing capacity. The country’s heavy reliance on imported pharmaceutical products exposes it to supply chain disruptions, foreign exchange volatility, drug shortages, and limited accessibility, all of which undermine public health and national industrial development.

As global markets evolve and healthcare demands intensify, Nigeria must prioritize modernizing its pharmaceutical sector through the adoption of innovative technologies that can catalyze local drug production. This article examines the existing legal and financial incentives available to pharmaceutical manufacturers in Nigeria and highlights critical regulatory and policy gaps that must be addressed to foster a sustainable, technology-driven pharmaceutical ecosystem.

2. OVERVIEW OF NIGERIA’S PHARMACEUTICAL INDUSTRY

Nigeria’s pharmaceutical industry comprises regulators, manufacturers, healthcare providers, non-governmental organizations, and international partners. Several laws govern the sector, from production and branding to distribution and sale. As technology continues to reshape the global pharmaceutical value chain, Nigeria’s regulatory framework is gradually evolving to accommodate digital and automated processes in drug production and distribution.

a. The National Agency for Food and Drug Administration and Control Act, 2004

Section 1 of the NAFDAC Act establishes the National Agency for Food and Drug Administration and Control (NAFDAC) as the primary regulatory authority for pharmaceutical products in Nigeria.

NAFDAC oversees the licensing of drug manufacturers, registration of pharmaceutical products, and inspection of facilities to ensure compliance with Good Manufacturing Practices (GMP). It also investigates violations and enforces sanctions against the production or distribution of substandard or counterfeit drugs. Related laws administered by the Agency include the Food and Drug Act Cap F.32 LFN, the Food, Drug and Related Products (Registration) Act Cap F.33, and the Counterfeit and Fake Drugs Unwholesome Processed Foods (Miscellaneous Provision) Act Cap. C.34 LFN 2004.

As technological advancement gains prominence in pharmaceutical production, they hold significant potential to streamline regulatory compliance with NAFDAC requirements, enabling real-time monitoring, digital batch record-keeping, and predictive quality assurance systems. However, NAFDAC has yet to issue formal guidelines on the application of technology within its regulatory framework, highlighting a critical gap and an urgent opportunity for targeted policy development.

b. Pharmacy Council of Nigeria (PCN) Act, 2022

The Pharmacy Council of Nigeria (PCN) Act establishes the Pharmacy Council of Nigeria, which serves as the statutory body regulating the practice and business of pharmacy in Nigeria. Its responsibilities include licensing pharmacists, pharmaceutical premises, and enforcing standards across the supply chain.

PCN plays a pivotal role in the oversight of local drug distribution channels, ensuring that medicines are handled by qualified professionals and that licensed premises meet operational standards. Sections 55 and 56 of the PCN Act empower the Council to seal non-compliant premises, impose penalties, and conduct compliance inspections. The Council has also issued guidelines, such as the 2021 Online Pharmacy Regulations, to provide regulatory clarity for online pharmacies and digital drug vendors.

For pharmaceutical manufacturers, especially those integrating innovative technology into warehouse management or automated distribution systems, PCN remains an essential interface as it sets the general standards to be met. The Pharmacists Council of Nigeria Online Pharmacy Regulations, 2020, contains several provisions that can reasonably be extended to regulate the adoption of innovative technology in pharmacy operations.

c. Federal Competition and Consumer Protection Commission (FCCPC) Act, 2018

The Federal Competition and Consumer Protection Commission (FCCPC) Act establishes the FCCPC, Nigeria’s primary authority for consumer protection and antitrust regulation. As innovative technology becomes increasingly integrated into drug marketing, pricing, and advertising on digital platforms, the FCCPC’s oversight will be essential to prevent price discrimination, anti-competitive practices, and the dissemination of misleading technology-driven content in pharmaceutical promotion.

d. Nigeria Data Protection Act, 2023

The Nigeria Data Protection Act (NDPA) and the General Application and Implementation Directive (GAID) are particularly relevant in regulating the use of innovative technologies in the pharmaceutical sector, as these technologies often involve the collection, processing, storage, transfer, and disposal of sensitive personal data, including patient health records, biometric identifiers, and treatment histories. The NDPA and GAID are administered by the Nigerian Data Protection Commission (NDPC), which registers and regulates data controllers and processors, enforces compliance, and investigates data breaches.

While the NDPA and GAID establish foundational data protection principles, there remains a need for sector-specific guidelines to govern the handling of sensitive health information. The NDPC and NAFDAC should therefore collaborate to develop regulatory sandboxes and ethical frameworks to guide the responsible use of innovative technologies in the pharmaceutical space.

Although these existing laws do not directly regulate the adoption of innovative technologies in Nigeria, they significantly influence their deployment, particularly in the areas of handling regulated products, processing personal data, and governing technology-driven medical decision tools or digital prescribing systems. The most recent effort to establish a holistic framework for technological innovation is the National Artificial Intelligence Strategy (NAIS), released in 2024. This strategy serves as a comprehensive, multi-stakeholder roadmap for responsible technological advancement in Nigeria, emphasizing the development of specific legislation, closing infrastructural and knowledge gaps, and promoting ethical and inclusive participation across sectors. Nonetheless, there remains an urgent need for dedicated legislation to regulate the rapid adoption of innovative technologies, particularly within the health sector. The absence of such a framework creates legal uncertainty for both innovators and regulators, posing the risk of Nigeria falling behind global standards for responsible technology governance and inadvertently stifling innovation through regulatory ambiguity.

3. FINANCIAL AND INVESTMENT INCENTIVES LANDSCAPE

While the adoption of innovative technology holds significant potential to enhance pharmaceutical productivity, many businesses may struggle to implement it without structured financial support. The Nigerian government and private sector stakeholders can stimulate investment through the following incentives:

A. Existing Incentives: Currently, there are no dedicated incentives for the integration of innovative technology in Nigeria. As a result, businesses seeking to deploy such solutions must rely on their own resources. However, several existing incentives for local drug production, though not specifically designed for technology adoption, can be strategically leveraged to free up capital for investment in innovative technological solutions. These include the Pioneer Status Incentive, Import Duty Waivers, and the Central Bank of Nigeria’s Healthcare Sector Intervention Facility – Healthcare Sector Research and Development Intervention Scheme (HSRDIS).

B. Investments: Another viable option for businesses seeking funding to scale up local pharmaceutical production through innovative technology is investment from both local and foreign entities. Through Foreign Direct Investment (FDI), Foreign Portfolio Investment (FPI), grants, and individual or institutional funding, pharmaceutical companies can access the capital required to integrate innovative technological solutions into their operations.

Although several businesses explore this route, investors often remain cautious due to perceived risks. To de-risk local drug manufacturing and attract greater investment, key measures may include: establishing clear technology-specific regulations; introducing compliance frameworks that integrate innovative technologies; creating regulatory sandboxes for health tech and pharmaceutical innovation; strengthening intellectual property and data privacy protection; developing IP policies for technology-driven pharmaceutical assets and algorithms; providing tax credits for technology adoption and RandD; offering grants or subsidies for innovation; establishing dedicated pharmaceutical innovation hubs; and training key stakeholders, including regulators, pharmaceutical professionals, technology developers, and end users.

4. APPLICATIONS OF INNOVATIVE TECHNOLOGY IN THE PHARMACEUTICAL VALUE CHAIN

The integration of innovative technology into the pharmaceutical value chain offers transformative possibilities across the following key areas:

a. Drug Discovery and Development: Laboratory and clinical data can be leveraged through advanced analytical tools for predictive modeling, compound screening, and formulation optimization.

b. Manufacturing and Quality Control: Innovative technologies enable process automation, real-time monitoring, and the detection of defects or counterfeits during production to ensure that pharmaceutical products meet required industry standards.

c. Supply Chain and Inventory Management: Technology-driven systems can enhance demand forecasting, optimize logistics, and improve traceability of products throughout the supply chain.

d. Regulatory Compliance: Innovative tools can support document automation, pharmacovigilance, and real-time audits in line with the reporting requirements of NAFDAC and other regulatory bodies.

5. CONCLUSION

Innovative technology presents a transformative opportunity for Nigeria’s pharmaceutical sector. Realizing this potential, however, requires more than technological adoption; it demands robust legal and regulatory frameworks, targeted financial incentives, and strategic collaboration across the sector. With proactive policy implementation and visionary legal guidance, Nigeria can position itself not only to harness technology in pharmaceutical production but also to emerge as a continental leader in technology-driven drug development and manufacturing.

Francisca Igboanugo is the Team Lead in the Health and Pharmaceutical Sector at Stren and Blan Partners; Omolola Ambrose serves as the Deputy Team Lead, and Emmanuel Ughanze is an Associate of the team.

Stren and Blan Partners is a full-service commercial Law Firm that provides legal services to diverse local and multinational corporations. We have developed a clear vision for anticipating our clients’ business needs and surpassing their expectations, and we do this with an uncompromising commitment to client service and legal excellence. For more information, kindly contact: [email protected] or call 0702 558 0053.

Onyeka Michael Ugwu, licensed medical aesthetician and visionary founder of Hello Perfect, has said that behind every woman living with Polycystic Ovary Syndrome (PCOS), accounting for ovulation problems, lies a story of strength, silent struggles, and the fight to be seen.

Ugwu, a senior laser technician, explained that with the Purple Dinner which she founded, she wanted to create a safe space for women to connect, be heard, and be celebrated. ‘This wasn’t just another event,’ said Ugwu, ‘It was a reminder that beauty goes far beyond appearance. It’s about courage, confidence, and the ability to stand tall even in the face of life’s hardest battles’, she noted.

Ugwu made these comments during the inaugural Purple Dinner: Dare to Bloom held recently at Oniru, Victoria Island, Lagos, hosted by Hello Perfect, one of Nigeria’s leading aesthetics and skincare clinic. The evening brought together women living with Polycystic Ovary Syndrome (PCOS), advocates, healthcare experts, and beauty professionals to honor resilience, foster awareness, and spark conversations around one of the most overlooked conditions affecting women globally.

At the forefront of this initiative was Onyeka Michael Ugwu, who has over a decade of experience, redefining aesthetics in Nigeria. Ugwu has consistently advocated beauty that goes beyond the surface. The Purple Dinner is her latest step in positioning medical aesthetics as a platform for empowerment, healing and advocacy.

The evening featured conversation circles where women openly shared their experiences with PCOS. Adding depth to the evening were powerful guest speakers: Seyi Amao, women’s health advocate and founder of PCOS Conquerors; Akinyemi Olaleye, MD of Semeda Clinics; Nini C. Iyizoba, Founder of FERTYL AFRICA and Reviv Health and Wellness Centre and Kauthar Opeyemi Lawal, maternal and reproductive health advocate, CEO of LOK Natal Care, and producer of Beyond the Symptoms. A highlight of the evening was the ‘Dare to Bloom’ Tree Paint Session, a symbolic activity where guests painted blooming buds on a tree, representing growth despite challenges. Just as a tree stands resilient through changing seasons, women with PCOS embody strength and the courage to bloom despite obstacles.

In addition to the dinner, Hello Perfect announced a new partnership with Semeda Clinics to extend tangible support to the PCOS community. Together, they are giving free PCOS screening test to a member of the Hello Perfect community.

Polycystic Ovary Syndrome affects 1 in 5 women worldwide, often manifesting in both visible symptoms such as skin conditions and excessive hair growth, and invisible battles of self-esteem, fertility, and overall wellness. By hosting the Purple Dinner, Hello Perfect hopes to break the silence, raise awareness, and empower women living with PCOS to embrace their journeys with resilience.

With world-class clinics in Lagos, Abuja, and Port Harcourt, Hello Perfect continues to set the standard for medical aesthetics and women’s confidence across Nigeria – redefining beauty through a blend of science, care, and advocacythat transforms lives.

The percentage of women who secured seats at the boardroom tables of Nigeria’s most valuable companies has increased by 31.1 percent this year, the highest level of female representation since 2020 on the Nigerian Exchange (NGX), according to a new report.

The sixth edition of the report, launched on Thursday, titled ‘2025 PWR NGX Top 30 Gender Diversity Scorecard’ by PWR Advisory, an inclusion and sustainability advisory firm in Africa, disclosed that women now occupy 98 out of 315 total board seats in the NGX-30 companies.

It said this figure represents a rise from 29.7 percent in 2024, highlighting an upward trajectory in women’s participation in corporate governance. More notably, for the first time in the six-year history of the report, none of the NGX-30 companies has an all-male board. ‘Back in 2020, when we launched the first edition of this scorecard, our ambition was simple: to track progress, galvanise momentum, and advance the cause of women’s representation at the highest levels of corporate governance. None of that has changed, but our world looks profoundly different today,’ said Ivana I. Osagie, founder and CEO of PWR Advisory.

‘This edition of the scorecard gives us cause for optimism,’ Osagie said. ‘Women now hold 31.1 percent of board seats at Nigeria’s 30 largest listed companies, the highest since we began tracking the data.’

‘For the first time, no company in our sample has an all-male board. Congratulations to United Capital for making the shift. Significantly too, there are five women CEOs, the highest since the scorecard’s inception, compared to four last year, and three companies have female board chairs, up from one in 2024,’ she said.

The report revealed that the seven highest-ranked performers were Transcorp Hotels Plc, with 57.1 percent. In second place, Access Holdings Plc and Stanbic IBTC Holdings Plc, with 50 percent each, and in third place, United Bank for Africa Plc, with 46.7 percent female representatives on the boardroom.

Others, including Dangote Sugar Refinery Plc, Nestle Nigeria Plc, and Presco Plc, reported 44.4 percent, respectively. The report underscores that 53.3 percent of the NGX-30 companies have achieved at least 30 percent female board representation, which aligns with what it describes as the Critical Mass Theory, the idea that 30 percent is the minimum representation level required for minorities to exert meaningful influence in decision-making.

When compared globally, the report places Nigeria’s progress in context. The PWR report cites the 2024 South Africa Spencer Stuart Board Index, which shows that 47 percent of board seats across the Johannesburg Stock Exchange (JSE) top 50 companies are held by women. ‘Average female board representation for Africa is 23 percent based on the Sustainable Stock Exchanges’ 2023 report, while the MSCI Women on Boards and Beyond 2024 report puts the global average at 27.3 percent (large- and mid-cap companies),’ it said.

Temi Popoola, the group managing director of NGX, represented by Olufemi Shobanjo, CEO of NGX Regulation Limited, commended PWR Advisory for launching the 2025 NGX30 Gender Diversity Scorecard, describing it as a vital instrument for fostering inclusivity in Nigeria’s corporate sector.

‘Gatherings like this play a crucial role in fostering inclusivity and promoting gender diversity at the highest levels of corporate governance,’ he noted.

He emphasised that gender-diverse boards are not just equitable but also yield measurable business advantages.

Gender-diverse boards lead to better decision-making. They reduce blind spots and deliver superior business outcomes,’ he said. ‘It also leads to more resilience, innovation, and competitiveness on the global stage.’

Crypto has always been about more than profit; it’s about identity, freedom, and belonging. Spartans crypto gambling captures that same essence, turning digital play into a social experience built on the principles of speed, transparency, and control. It’s not just another betting site; it’s where blockchain meets excitement, and every spin, wager, or bet becomes a reflection of the decentralized mindset that drives the crypto world.

focus only on promotion, Spartans focuses on people. It unites crypto enthusiasts, gamers, and sports fans under one digital roof. With over 5,963 games, instant crypto withdrawals, and the revolutionary system that rewards every action, Spartans Casino gaming gives players something bigger than entertainment: a sense of belonging to a global movement.

The Movement That Defines the Crypto Generation

The crypto generation isn’t just looking for entertainment, it’s looking for belonging. Spartans crypto gambling creates a home for that mindset. Here, players aren’t passive users; they’re part of a movement where blockchain principles drive the entire experience. Instant rewards, transparent payouts, and no middlemen, this is what digital freedom feels like when paired with gaming energy.

Spartans Casino gaming captures the same intensity that made DeFi and NFTs cultural phenomena. It’s about participation, ownership, and reward, not waiting for permission. With the feature giving instant cashback and rakeback on every spin or bet, players don’t just play; they profit from being part of the ecosystem. It’s crypto culture with a purpose, fun, fast, and fair.

Frictionless Play Across Casino, Live Dealer, and Sports

Most gaming platforms make players jump through hoops, separate logins, require endless verification, and offer slow payouts. Spartans crypto gambling eliminates all that friction. You sign in, deposit with your favorite wallet, and start playing instantly. Whether it’s live blackjack, crash games, or a football bet, everything connects seamlessly through one interface.

Spartans Casino gaming brings over 43 providers and thousands of games under one roof. It’s not just about quantity; it’s about freedom of choice. You can go from spinning slots to betting on UFC in seconds, all with the same crypto wallet. Add to that instant withdrawals and no banking delays, and you’ve got a platform that actually respects your time. This is what ‘play without barriers’ truly means in the digital era.

and Community Ownership

If crypto taught us anything, it’s that people want control, not corporate gatekeepers. Spartans crypto gambling delivers on that through , the world’s first dual cashback and rakeback system. Players earn back a portion of every wager, win or lose, instantly credited to their account. That means your loyalty doesn’t go unnoticed; it’s rewarded in real time. But what really sets Spartans casino gaming apart is its community-driven approach. Between the affiliate program, player giveaways, and the Lamborghini Challenge, users aren’t just players; they’re stakeholders in a growing culture. The more they engage, the more they earn and influence future features. Spartans isn’t a faceless platform; it’s a digital arena built by and for the people who live and breathe crypto.

Building for Global Expansion

While Spartans is rooted in crypto, it’s not stopping there. Soon, the platform will support fiat currencies and expand its language offerings beyond English and Portuguese, with Spanish next on the list. Spartans crypto gambling is positioning itself to become a global force, not limited to any single region or audience.

The goal is simple: accessibility. Spartans Casino gaming is being refined for a worldwide audience, combining crypto innovation with the familiarity of traditional gaming. Players across continents will soon be able to deposit in local currencies while still benefiting from crypto’s speed and security. This global rollout isn’t about expansion for profit; it’s about connecting more people to a system where transparency and excitement coexist. Spartans isn’t waiting for the industry to evolve; it’s leading it.

Summing Up

The crypto world has always been about disruption, but Spartans crypto gambling transforms that energy into pure entertainment. It’s a platform where blockchain utility becomes everyday fun, where instant payouts, real ownership, and community-driven bonuses create a new kind of gaming identity.

For anyone who sees crypto as more than speculation, Spartans Casino gaming is the natural next step. This is where your digital identity meets your competitive spirit, where every play earns you something back. The early adopters already know: this isn’t just another site; it’s the beginning of a culture. The question isn’t whether Spartans will define the future, it’s whether you’ll be part of it when it happens.

Registering a trademark confers on the proprietor exclusive rights to use the registered trademark. Thus, trademark proprietors can institute trademark infringement action(s) in respect of any unauthorized use of their trademarks. Nigeria offers robust statutory safeguards for trademark proprietors seeking to protect unauthorised use of their trademarks. For example, section 13 of the Trademarks Act (the ‘Act’), prohibits the registration of a trademark that is confusingly similar to an existing mark, or a trademark that is likely to deceive or cause confusion in the course of trade.

Although the provisions of the Act are expressed in clear terms, the question of whether (and if yes, to what extent), a mark is confusingly similar to an existing trademark remains a matter for judicial interpretation, the outcome of which would normally turn on the facts and circumstances of each case.

Nigerian jurisprudence on the use of similar or identical marks has evolved over time, with the decision in Niger Chemists Ltd v. Nigeria Chemists laying the judicial foundation as far back as 1961. Here, the plaintiff who carried on business as a chemist under the name ‘Niger Chemists Ltd’ and was popularly known as ‘Niger Chemists’ succeeded in an action against the defendant who set up a similar business under the name – ‘Nigeria Chemists’.

In a further development of this jurisprudence, the Federal High Court (the ‘FHC’), on December 9, 2024, delivered judgment in Suit No. FHC/L/CS/332/2022 – Elo Othuke Azaino v. Sterling Bank PLC (the ‘Azaino Case’), reaffirming, among other things, the principles governing trademark infringement in Nigeria.

Facts of the case

The Plaintiff (the owner of a business enterprise in the food services industry, trading under the name and style of ‘Choplife Eatery’), instituted an action at the FHC for trademark infringement and passing off against the Defendant, a financial institution. The gravamen of the Plaintiff’s case was that the Defendant’s use of the words ‘choplife’ and ‘choplaif’ for the promotion of its eat-and-drink festival (the ‘Festival’) constituted an infringement of the Plaintiff’s exclusive rights in the registered trademark ‘CHOPLIFE’ and amounted to passing off, by falsely suggesting an affiliation or partnership with the Plaintiff and misrepresenting the Plaintiff’s business as forming part of the Defendant’s brand.

The Plaintiff claimed to be the proprietor of the trademark, ‘CHOPLIFE’, registered under Class 43, in respect of which it was issued a Certificate of Registration (‘CoR’) dated July 16, 2020. The Plaintiff argued that he coined the word ‘choplife’ in 2001 and has, since that time, used it continuously in the course of his business. The Plaintiff further argued that on October 12, 2017, he applied for the registration of the word ‘choplife’ (which formed part of his business name), as a trademark, and that he was notified (on October 19, 2017, via email) of the acceptance of his application by the Trademarks Registry (the ‘Registry’). The Plaintiff testified that from the date of his application and the notification of acceptance, he continually followed up at the Registry and was informed that, having passed the hurdle of acceptance, he should await the issuance of the CoR by the Registry. Accordingly, the Plaintiff submitted that, pursuant to section 22(2) of the Act, the registration of the trademark ‘CHOPLIFE’ is deemed to have taken effect from the date of notification of acceptance by the Registry. Instructively, the Plaintiff failed to tender the email from the Registry notifying him of the acceptance of his application.

In contrast, the Defendant contended, inter alia, that:

(i) the word ‘choplife’ is common to the Nigerian (and Africa) lingua, and as such, is not inherently distinctive or capable of exclusive appropriation, particularly in the absence of prior registration or public notification of exclusive use.

(ii) its use of the word ‘choplife’ was a one-off occurrence, solely for the promotion of the Festival which held on December 29, 2019.

(iii) it did not organize the Festival but merely sponsored it.

(iv) It registered the ‘CHOPLAIF’ trademark on February 11, 2020, under Class 41 for entertainment-related services, distinct from the Plaintiff’s mark ‘CHOPLIFE’, registered under Class 43 in respect of food and drink services.

(v) in the absence of evidence of notification of acceptance of the Plaintiff’s trademark application, the said application was deemed abandoned pursuant to section 22(4) of the Act, and in any event, the effective date of the Plaintiff’s trademark registration was July 16, 2020, as endorsed on the CoR.

(vi) at the material time the Defendant registered the ‘CHOPLAIF’ trademark, the Plaintiff’s mark, ‘CHOPLIFE’, had not yet been registered.

Decision of the Federal High Court

The FHC upheld the Defendant’s submissions, effectively dismissing the Plaintiff’s suit on the basis that:

(i) the effective date of the Plaintiff’s application and registration of the trademark, ‘CHOPLIFE’, is July 16, 2020, as endorsed on the CoR. In other words, the FHC rejected the Plaintiff’s argument that October 19, 2017, should be deemed as the date of registration of the trademark arguably because the Plaintiff failed to tender in evidence the aforesaid email of notification of acceptance of his application for registration of the trademark.

(ii) the word, ‘choplife’, is commonly used in Nigerian (and Africa) lingua and has no distinctiveness attached to it;

(iii) the Defendant, being merely a sponsor and not the organizer of the Festival, could not have led attendees to believe it was acting as an affiliate or partner of the Plaintiff’s business.

CommentaryBy virtue of section 22(2) of the Act, the date of application of a trademark is deemed to be the date of registration. For emphasis, section 22(2) of the Act provides as follows:

‘Subject to the provisions of this Act relating to international arrangements, a trademark, when registered, shall be registered as of the date of the application for registration, and that date shall be taken for the purposes of this Act to be the date of registration.’

The import of the above provision is that the Act accords retrospective effect to the registration of a trademark. By a literal interpretation of section 22(2) of the Act, it is arguable that a proprietor’s right in a trademark enures from the date of the application for registration, such that the proprietor enjoys priority over any subsequent or competing claims, notwithstanding any delays in issuing the CoR by the Registry.

As noted above, the Plaintiff failed to tender evidence of notification of acceptance of his application for registration of the trademark ‘CHOPLIFE’ by the Registry. Such evidence would have substantiated his claim as to the effective date of registration of his trademark and would have been consistent with the decision of the Court of Appeal in D and S Trading Co. Ltd v. Remia C.V. and Trixibelle , where it was held that a notification of acceptance constitutes conclusive evidence of trademark registration where a certificate has not been issued by the Registrar. Specifically, the appellate court held that:

‘The acceptance letter from the Registry of the Trademark is a loud statement to the effect that the applicant has satisfied the entire requirement for the registration only awaiting some administrative issues outside the control of the applicant for the certificate to be issued. The acceptance letter has the registration no. of the trademark, the trademark itself and the class in which it is registered. The only caveat is that it will be published for the general public.’

We note the FHC’s observation that a trademark application can be treated as abandoned under section 22 (2) of the Act where an applicant, by reason of his default, fails to complete the registration of the trademark within twelve (12) months from the date of the application. In this regard, the Defendant had contended that the Plaintiff abandoned his application for registration of the trademark ‘CHOPLIFE’. In addressing this contention, the FHC appeared to have glossed over the issue raised by the Plaintiff concerning whether a trademark application can be deemed abandoned in the absence of the issuance of a notice of non-completion of trademark registration (‘Notice of Non-Completion’) by the Registrar, as contemplated under section 22(4) of the Act, reproduced below for ease of reference:

‘Where registration of a trademark is not completed within twelve months from the date of the application by reason of default on the part of the Applicant, the Registrar may, after giving notice of the non-completion to the Applicant in writing in the prescribed manner, treat the application as abandoned, unless it is completed within the time specified in that behalf in the notice.’

While this issue may appear academic given that a CoR had already been issued to the Plaintiff, it nonetheless raises a fundamental question of law: Whether, in the absence of the Notice of Non-Completion, a trademark application can be deemed abandoned by effluxion of time, particularly where an acceptance letter has been issued by the Registrar but a CoR had not been issued within twelve (12) months?

We contend that the answer to the above question is in the negative. A purposive interpretation of section 22(4) of the Act clearly indicates that the issuance of the Notice of Non-Completion by the Registrar is a condition precedent to establishing abandonment of a trademark application. The statutory requirement that the failure to complete the registration must be ‘due to the default of the applicant’ introduces a subjective test which, in our view, cannot be presumed or inferred by an adverse party. Such a finding lies within the knowledge of the Registrar, who exercises supervisory authority over the registration process. Moreover, it is contended that the use of the word ‘may’ in section 22(4) of the Act relates only to the Registrar’s discretion to treat an application as abandoned after issuing the Notice of Non-Completion, but not whether to issue the said notice itself.

With respect to the FHC’s decision that the word, ‘choplife’, is a colloquial expression commonly used in Nigerian lingua to denote ‘fun’ or ‘enjoyment’ and therefore lacks distinctiveness, it is contended that while the FHC’s reasoning is well-founded, the finding may have been different had the Plaintiff adduced evidence demonstrating that the mark had, through frequent use, acquired distinctiveness and/or notoriety in the restaurant business. The law is settled that a trademark may be distinctive inherently or may acquire distinctiveness over time. In Ferodo Limited v. Ibeto Industries Limited, the Supreme Court affirmed this principle in the following words:

‘The element of distinctiveness is consonant to or predicted on some age by way of the long or extensive use. What constitutes a long or extensive user is a question of fact to be determined in the light of the circumstances of the case. Once the trademark, by frequent use, has acquired notoriety in the trade, it will be said to have acquired the character of distinctiveness.’

Similarly, in Holiday Inns, Inc. v. Holiday Out in America , the United States Court of Appeal held that although the word ‘Holiday’ is generic and widely used by others for motel services, due to the Plaintiff’s extensive advertising and its success in developing a large chain of motels throughout the United States, it had acquired distinctiveness as it is likely that the public when asked to associate a business organization with the word ‘Holiday’ would think of ‘Holiday Inn’.

Finally, with regard to the FHC’s finding that the Defendant, being merely a sponsor of the Festival, cannot be held liable for any alleged infringement arising therefrom, it is contended that while this position may appear justifiable (particularly in view of the fact that the Act does not expressly provide for contributory and/or secondary liability in trademark infringement), such position should, however, be applied with caution. Judicial authorities in other jurisdictions have recognized that a party may, in appropriate circumstances, be held liable where it had actual or constructive knowledge of the infringement, participated in the infringement and/or derived commercial benefit from the unauthorized use of the trademark.

Conclusion

The decision of the FHC in the Azaino Case reaffirms the legal principles governing trademark infringement action in Nigeria, while also laying bare the dynamics of such action when considered against the factual matrix of each case. As Nigeria’s trademark jurisprudence continues to evolve, it is hoped that the court would be inclined to adopting a liberal/purposive approach – one that is flexible and responsive to the factual nuances and commercial realities underlying each action.

From a commercial standpoint, the decision underscores the need for businesses to register their mark promptly and to avoid the usage of generic or colloquial expressions in the formulation of a brand or mark. This is particularly so for nascent businesses, given the difficulty in establishing acquired distinctiveness, goodwill and/or reputation in relation to the mark.

The Grey Matter concept is an initiative of the law firm, Banwo and Ighodalo.

DISCLAIMER: This article is only intended to provide general information on the subject matter and does not by itself create a client/attorney relationship between readers and our Law Firm or serve as legal advice. We are available to provide specialist legal advice on the readers’ specific circumstances when they arise.

ýOla Olukoyede, Executive Chairman of the Economic and Financial Crimes Commission (EFCC), has charged Nigerian graduates and youths to embrace technological and digital innovation, resilience and integrity as the true markers of success beyond academic qualifications.

ýDelivering the 2025 Convocation Lecture at the 17th convocation of Redeemer’s University, Ede, titled ‘Beyond Degrees: Cultivating Purpose, Resilience and Service in a Complex World,’ Olukoyede said degrees alone are no longer sufficient to thrive in a fast-evolving digital economy.

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ýHe urged the youth to leverage the vast opportunities in the digital ecosystem, noting that the digital ecosystem is almost a bottomless reservoir of opportunities waiting to be harnessedýAccording the EFCC boss, many young Nigerians have become global references in technology and creativity by believing in themselves and thinking innovatively.

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ý’The reality is that many young Nigerian graduates have found purpose exploiting the resources of digital space and creating jobs for thousands of their compatriots. Thousands of others are anonymously working online and earning income in foreign exchange. Others with extraordinary skills in skit making, forex an d cryptocurrency trading and sundry investments are making it really big,’ he said.

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ýHe also warned against the lure of quick wealth, advising graduates to resist peer pressure and the temptation to engage in crime, stressing that ‘On no account must you yield to the pressure to get rich quick. Never allow peer pressure and the desperation to belong lead you to crime. If you do, you might earn temporary riches, which ultimately will land you in infamy as the wealth earned through crooked means never last.’

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ýOlukoyede further emphasized that resilience and character remain the enduring rules of success, adding, ‘Whatever objectives you have set for yourself today, realizing them is dependent on a number of social, economic and political factors. Those who will succeed are the ones who are able to weather the storms of life.. Resilience is about holding on to your dreams, overcoming obstacles and challenges to leave your mark in the sands of time.’

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ýShadrach Akindele, Professor and Vice Chancellor of the institution, said the convocation lecture blended directly into the heart of the mission of the University to raise champions who combine academic excellence with Godly character, purpose driven leadership and the commitment to transforming society.

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ýAkindele reiterated that Redeemer’s University is more than just a citadel of learning, it is a mission driven community dedicated to simple leaders who will transform the morals, social and economic skill of Africa.

Citibank Nigeria Limited (Citi), on Wednesday, announced that it had successfully met the Central Bank of Nigeria’s (CBN) new minimum capital requirement of N200 billion for national commercial banks. This achievement reinforces Citi’s enduring commitment to Nigeria’s financial sector and economic growth.

Citi is a preeminent banking partner for institutions with cross-border needs, a global leader in wealth management and a valued personal bank in its home market of the United States.

Nneka Enwereji, Managing Director/CEO of Citibank, stated, ‘Meeting the CBN’s N200 billion capital requirement is more than compliance – it is a statement of confidence in Nigeria’s future and a deliberate investment in its next chapter of growth. For 41 years, we have partnered with Nigeria’s governments, banks, corporations, and communities. With a strengthened balance sheet, Citi is ready to expand support for clients across priority sectors, including infrastructure, energy and trade. Citi has a legacy of pioneering innovative solutions in Nigeria, and this investment will help expand digital innovation and payment solutions, while advancing social finance initiatives aligned with national development priorities.’ Citi has consistently acted as a trusted conduit for foreign direct investment, actively showcasing Nigeria’s robust reform momentum to global investors. Leveraging its extensive international network, the bank connects Nigerian institutions with global capital, convening senior policymakers and corporates to explore opportunities in trade, industry and cross-regional capital flows. The bank has been instrumental in shaping a deeper, more resilient financial market that fosters sustainable growth.

Speaking on the importance of the milestone, Ebru Pakcan, Head of Middle East and Africa at Citi, said, ‘As one of Africa’s largest and most dynamic economies, Nigeria has consistently demonstrated resilience and opportunity. This milestone reflects the strength of our franchise and reinforces our long-term commitment to supporting Nigeria’s growth and connecting clients to opportunities across our global network.’

Reflecting on the achievement, Mahmoud Isa-Dutse, chairman of the Board, Citibank Nigeria, added, ‘This milestone highlights both our financial strength and our dedication to sustainable growth. Citi has consistently played a central role in Nigeria’s financial system, and this recapitalisation further enhances our capacity to support clients, investors, and the broader economy. We remain steadfast in positioning Nigeria as a key destination for global capital.’ Citi’s vision is to be the pre-eminent bank for clients with cross-border needs. With over 200 years of global leadership in financial services and dedicated in-country teams in over 90 fully licensed banking operations worldwide, the bank combines a global perspective with local expertise to help clients navigate challenges and capitalise on growth opportunities.

By integrating this significant capital commitment with its global reach, Citi reinforces its position as a catalyst for growth, contributing to a stronger and more dynamic landscape for Nigeria’s future. The CBN has set new minimum capital requirements for banks as part of its ongoing recapitalisation exercise aimed at strengthening the financial system and enhancing resilience to economic shocks. Under the new directive, international commercial banks are required to raise their minimum paid-up capital to N500 billion, while national and regional commercial banks must maintain N200 billion and N50 billion, respectively.

Merchant banks are to hold a minimum of N50 billion, non-interest national banks N20 billion, and non-interest regional banks N10 billion. The new thresholds, which were announced in March 2024, mark a significant increase from previous capital bases and reflect the CBN’s commitment to ensuring that Nigerian banks are adequately capitalised to compete globally and support domestic economic growth.

According to the CBN, the recapitalisation exercise will run for 24 months, from April 1, 2024, to March 31, 2026, giving banks sufficient time to meet the new requirements either through fresh capital injections, mergers, or acquisitions. The apex bank clarified that only paid-up share capital and share premium will be recognised in meeting the new thresholds, excluding retained earnings and other reserves.

Several countries have extended visa-free entry to Nigerian passport holders, but a closer examination reveals that these concessions are not always reciprocated.

Findings by BusinessDay reveal that while Nigeria grants visa-free access to citizens of 15 ECOWAS member states, it imposes visa fees on nationals of several non-African countries that extend the same privilege to Nigerians.

Countries such as Maldives, Mauritius, Palau, Seychelles, and Nevis, which grant Nigerian citizens visa-free entry, are charged visa fees by Nigeria. This lack of reciprocity raises questions about Nigeria’s visa policies and their impact on international travel and trade. Nigeria recently began charging visa fees to Kenyan citizens, despite Kenyans offering Nigerians visa-free access. Similarly, the nation previously imposed visa fees on Saint Kitts citizens until a recent policy review extended visa-free entry to them.

Wakanow, one of the biggest travel companies in Nigeria, listed top 25 countries and territories that typically allow Nigerian passport holders to enter for short visits without requiring visas or with visa-free access on arrival.

These countries include: Barbados, Benin, Burkina Faso, Cape Verde, Dominica, Fiji, Gambia, Ghana, Guinea, Haiti, Kenya, Liberia, Maldives, Mauritius, Micronesia, Niger, Palau, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Senegal, Seychelles, Sierra Leone, Tanzania, Togo and Vanuatu.

Visaindex.com, a one-stop portal for all information related to passport ranking and visa-free travel opportunities, reveals that among these countries, Nigeria grants paid-for visa-on-arrival to Maldives, Mauritius, Palau and Seychelles.

Nigeria slammed Tanzanians with paid-for online visas until the country started reciprocating.

Other countries that pay visa fees when their citizens visit Nigeria include: Vanuatu, Saint Vincent and the Grenadines, Dominica, Fiji, and Haiti.

‘Apart from ECOWAS States, we charge almost all the countries that grant us visa-free entry. At least Kenya is the most recent one. Our reciprocity is not exactly as we say it. We can say it’s a policy. America just proved to us that it’s not actually true,’ Ikechi Uko, tourism and travel expert in Nigeria, told BusinessDay. According to Uko, Tanzania started charging Nigeria for visas because Nigeria failed to reciprocate its free visa on arrival.

He noted that in the last three years, Ghana has signed agreements with South Africa, Morocco, Kenya and Zimbabwe, resulting in visa-free access by Ghanaians to these countries.

‘Nigeria recently reciprocated the same treatment with St. Kitts, but how many people from St. Kitts come here? There are countries where Nigeria could grant free visa entry for ease of doing business. It’s a good policy. Visa is an artificial control mechanism. So, it would be good for us, knowing that our people travel and are business people,’ Uko said.

He said if this policy has worked for Ghana, Kenya and Rwanda in the last few years, then it can work for Nigeria.

Susan Akporaiye, former president of the National Association of Nigeria Travel Agencies, said she is worried when the Nigerian government and its immigration take some decisions that do not show readiness for tourism. ‘Countries that relax their visa and entry rules are countries that are ready for tourism. If we do not reciprocate to other countries, it is just a matter of time; they would do the same to us. We have not seen anything Nigeria has done to see that the US brings back the five-year visa they used to issue to Nigerians. Nigeria ought to have engaged the US by now,’ Akporaiye noted.

She however mentioned that there are some countries Nigeria grants visa-free entry that do not reciprocate the gesture.

Data from the Nigeria Immigration Service show, for example, that Maldivian citizens pay $48, while Mauritians pay about $160 for a five-year multiple-entry visa. Citizens from Seychelles, Vanuatu, and Palau pay between $3 and $4 for short visits and up to $1,000 for temporary work permits.

Alex Nwuba, president, Aircraft Owners and Pilots Association of Nigeria/former Chief Executive Officer, Associated Airlines, told BusinessDay that if Nigeria continues to shut its borders to opportunities by restricting access to other Africans or making the visa process difficult and restrictive, opportunities will go elsewhere.

Nwuba said that while Nigeria has security considerations, there are protocols that other nations use to take advantage of the opportunities.

Kayode Egbetokun, Inspector-General of Police, has announced the temporary suspension of the enforcement of the Motor Vehicles (Prohibition of Tinted Glass) Act, 1991.

The decision followed a meeting with the leadership of the Nigerian Bar Association (NBA), led by Afam Josiah Osigwe, its President, at the Force Headquarters in Abuja.

The meeting focused on addressing public concerns over the enforcement of the tinted glass law and promoting cooperation between the Police and the Bar in upholding citizens’ rights and the rule of law.

According to a statement by Benjamin Hundeyin, Force Public Relations Officer, on Thursday, the meeting provided an opportunity for constructive discussions on issues of mutual interest, including the need to balance law enforcement responsibilities with respect for legal processes and human rights.

The statement noted that during the deliberations, the Nigeria Police Force clarified that there is presently no definitive court order restraining it from enforcing the Motor Vehicles (Prohibition of Tinted Glass) Act, 1991.

‘However, in consideration of public interest and the intervention of the NBA, the Inspector-General announced that the enforcement has been temporarily suspended pending the outcome of a Motion on Notice scheduled for hearing on October 16, 2025, at the Federal High Court in Warri, Delta State. ‘To further strengthen collaboration and ensure continuous dialogue, both institutions agreed to establish a Police-NBA Joint Committee to serve as a platform for resolving legal and enforcement-related matters.

‘The committee is expected to enhance mutual understanding and accountability in the implementation of laws affecting the public’, the statement read.

In the meantime, the Police have advised all vehicle owners and motorists to use the suspension period to regularize their documentation and ensure full compliance with regulations governing the use of tinted or shaded vehicle glasses in Nigeria.

Egbetokun reaffirmed the commitment of the Nigeria Police Force to enforce all existing laws with fairness, transparency, and respect for citizens’ rights, while deepening collaboration with critical stakeholders in the justice sector.

He noted that the Force remains guided by its constitutional mandate to maintain law and order within the framework of legality and due process.

The African Democratic Congress (ADC) has described the All Progressives Congress (APC) as a nest of certificate forgers, in reference to the involvement of Uche Nnaji, former minister of innovation, science and technology in an alleged certificate scandal.

Bolaji Abdullahi, the ADC national publicity secretary, writing on his X handle, said the involvement of the minister in certificate forgery in the APC government is ‘merely indicative and actually confirms the party as a nest of certificate forgers.’

Abdullahi described the President’s action in allowing the minister to resign as weak and disappointing, saying that a government that claims to uphold integrity cannot afford to treat criminal conduct like a personal matter.

The ADC stated that it believes the President’s decision to merely accept the offending former minister’s resignation, rather than taking a tougher stance, gives the unfortunate impression that the President is sympathetic to such behaviour.

‘We are equally appalled that the Minister was allowed to quietly resign after publicly admitting that the relevant institutions did not issue the certificates he presented. This sends the wrong message to Nigerians, especially the youth, that dishonesty carries no consequence in public life.

‘It is imperative to reiterate that both the University of Nigeria, Nsukka (UNN), and the National Youth Service Corps (NYSC) officially disowned the certificates Mr. Nnaji presented for his ministerial appointment, while court filings by the Minister himself confirmed that UNN never awarded him any degree certificate.’ The party stated that by simply accepting his resignation, ‘President Tinubu has shown that, for whatever reason, his administration is willing to let corrupt officials off the hook easily, and he is not willing to set an example for those who serve under him that dishonesty has serious consequences.

‘As mentioned in our initial statement on this subject, Nigerians are aware that this is not an isolated incident but part of a troubling pattern that has defined the APC government since its inception.

‘From one certificate scandal to another, Nigerians have watched the APC turn dishonesty into an identity, offering sanctuary to people with questionable integrity and forged documents. Indeed, if the President cannot act firmly in a case that was this clear, how can Nigerians trust his government to fight corruption in any other form?

‘As a party, we therefore call on relevant law enforcement agencies to pursue an independent investigation into the matter, noting that resignation does not erase criminal liability. Forgery is not a private offence, it is a crime. If found guilty, Mr. Nnaji should be prosecuted in accordance with the law. Anything less will amount to a cover-up.’